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Tax News

Make a claim on an estate

Sep 04, 2018

There are special intestacy rules that govern how assets are divided if you die without making a will. If this happens your assets are passed on to family members in accordance with a set legal formula. This can result in a distribution of assets that would
not be in keeping with your final wishes, and can be especially problematic for cohabitees (a couple who live together but are not married and have not entered into a civil partnership).

However, if someone dies without a will or any known family, their property passes to the Crown as ownerless property. This is known as 'bona vacantia', which literally means vacant goods and by law this property (including money and other personal possessions)
passes to the Crown. The bodies that deal with bona vacantia claims vary across the United Kingdom, but they all ultimately, represent the Crown.

It is possible to make a claim on the estate but only of you are an 'entitled relative'. The general rules are:

If there's no will, the person’s spouse or civil partner and then any children, have first claim.

If there's no spouse or child, anyone descended from a grandparent of the person is entitled to a share in the estate.

If you're related by marriage you have no entitlement.

It is also possible for someone who lived with the deceased (such as a partner) to apply for a grant from the deceased person's estate. The rules are complex and serve as an important reminder to make a will and thereby ensure that your assets are divided
amongst family, friends and charities in accordance with your wishes.